Queensland Consolidated Acts

RAIL SAFETY NATIONAL LAW (QUEENSLAND) ACT 2017 - SECT 66

66 Railway operations to which repealed Act did not apply

(1) This section applies to a person who—

(a) immediately before the commencement, was carrying out, or causing or permitting to be carried out, railway operations to which the repealed Act did not apply; and

(b) continues to carry out, or cause or permit to be carried out, the railway operations on and after the commencement.

(2) The person can not be prosecuted for an offence against the national law, section 62(1) in respect of the railway operations if the act or omission constituting the offence—

(a) occurs during the transitional period; and

(b) had it occurred before the commencement, would not have constituted an offence against the repealed Act, section 39(1).

(3) In this section—

"transitional period" means the period starting on the commencement and ending on the earlier of the following—

(a) when the person is granted in respect of the railway operations—

(i) accreditation under the national law, part 3, division 4; or

(ii) an exemption under the national law, part 6, division 1 or 2 from compliance with section 62(1) of that law;

(b) 3 years after the commencement.